REGULAR MEETING OF THE BOARD OF TRUSTEES OF WESTERN CAROLINA UNIVERSITY

Conference Room of Bird Administration Building August 20, 1971

The Board of Trustees of Western Carolina University met in regular session at 1:30
p.m. , Friday, August 20, 1971, in the Conference Room of Bird Administration Building.
The following members were present:

Dr. Hyde called the meeting to order. The roll call indicated the absence of one member
of the Board: Dr. Charles 0. Van Gorder, previously committed to attend the Southeastern
Shrine Association's Convention in Memphis. The motion to excuse this absence was
made by Mr. Harman, seconded by Mr. Walsh, and passed unanimously.

A draft of minutes of the meeting of the Board of Trustees on May 27, 1971, had been
mailed to members of the Board. Dr. Hyde asked for corrections or changes to the minutes.
Mr. Harman moved that the minutes be approved, Mr. Jordan seconded the motion, and
the Board's vote was unanimous.

Mr. Walsh presented the transactions of the Instruction Committee meeting held August
20, 1971, in the Office of the President; these principally were the approval of the
degree program of Master of Industrial Education. After some discussion, motion was
made by Mr. E. J. Whitmire, seconded by Mr. Abbott that the transactions of the Instruction
Committee be approved. The Board's vote was unanimous. (See Exhibit #1 on file in
the President's Office for minutes of the August 20 meeting of this Committee.)

Dr. Hyde requested Dr. Pow to present the transactions of The Endowment Fund Committee
meeting held August 20, 1971, in the Conference Room. It was unanimously agreed by
the Board to accept the action in authorizing conversion of some endowment holdings
to short-term high-interest investments. (See Exhibit #2 on file in the President's
Office for minutes of the August 20 meeting of this Committee.)Dr. Hyde turned the meeting over to Mr. Mallonee for the purpose of the Board's electing
a Chairman for 1971- 72. Immediately after the nomination of Dr. Wallace N. Hyde by
Mr. Walsh, seconded by Mr. Boyce A. Whitmire, Mr. Harman moved that the nominations
be closed. Mr. E. J. Whitmire seconded the motion, and it was the unanimous vote of
the Board that Dr. Hyde continue as Chairman.

Dr. Hyde then asked for nominations for Vice-Chairman. Following the nomination of
Mr. Mallonee by Mr. Boyce A. Whitmire, with a second by Mr. Walsh, Mr. Abbott moved
that the nominations be closed. Mr. Harman seconded the motion, and it was the unanimous
vote of the Board that Mr. Mallonee continue as Vice-Chairman.

The next item on the agenda was the election of members of the Board of Trustees of
the Endowment Fund. Mr. Walsh moved that the Committee remain as elected on May 14,
1970. This received a second from Senator Norton, and the vote of the Board was unanimous.
Thus, the members of this Committee for 1971- 72 will be Dr. Hyde and Dr. Pow, Ex-Officio;
Mr. Abbott, Mr. Harman, Dr. Van Gorder, and Mr. E. J. Whitmire.

Dr. Pow then presented the recommended revisions in the By-Laws of the Board of Trustees,
elaborating on the actual change. After some discussion by the Board, it was moved
by Mr. Boyce A. Whitmire, seconded by Mr. Jordan, that the Board adopt the revisions.
The motion was unanimously adopted by the Board. The revised portions of the By-Laws
are as follows:

Amend Article II to read as follows:

Membership

Section 1. Membership and Term of Office

(a) The Board of Trustees shall consist of thirteen persons, twelve of whom shall
be appointed for terms of eight years each, beginning July 1 of an odd-numbered year,
the terms to be staggered so that three vacancies occur every two years. The President
of the Student Government shall be a member ex-officio of the Board of Trustees, with
the power to vote on all matters coming before the Board.

(b) Members of the Board of Trustees shall be subject to removal for cause by the
Governor and Council of State.

(c) Whenever a trustee shall fail to be present for two successive regular meetings
of the Board of Trustees, without just cause as determined by the Board, his position
as trustee shall be deemed vacant, and said vacancy shall be filled as herein provided.

Section 2. Appointments

With the exception of the ex-officio member, the Governor shall make all appointments
to the Board of Trustees, subject to the confirmation of the General Assembly in joint
session assembled.

Amend Article VI to read as follows:

Committees of the Board

Section 1. Appointment of Committees

(a) Except as hereinafter provided, the Chairman of the Board shall appoint the standing
and special committees of the Board. The Executive Committee shall consist of five
members including the Chairman and Vice-Chairman of the Board of Trustees. The membership
of the Endowment Fund Committee is specified in Article VII.

(a) The Committees of the Board of Trustees shall have the powers and duties set forth
in these By-Laws and such other powers and duties as the Board may delegate to them.
They shall exercise their powers and perform their duties subject to the direction
and approval of the Board. They may from time to time make recommendations to the
Board for the establishment of new policies or any changes in existing policies. Each
Standing Committee of the Board has the authority to take interim action for the Board
of Trustees in those committees' respective spheres of work and are to report such
actions to the Board at its next regular meeting.

(b) Executive Committee. Subject to report to the Board at its next meeting, the Executive
Committee shall have the authority to take interim action on any recommendation of
the President with respect to matters within the purview of the Board.

(c) Building Committee. The Building Committee shall consider matters relating to
the grounds and buildings on the campus and other real property of the University.
The Committee shall consider capital improvement requests and make recommendations
in connection therewith to the Board. Also, the Committee is responsible for recommending
architectural firms, approving building plans, and general oversight of construction
quality and progress.

(d) Personnel Committee. The Personnel Committee is responsible for representing and
making recommendations to the Board with respect to Board policies and decisions regarding
academic and non-academic personnel.

(e) Auditing Committee. The Auditing Committee exercises supervision over postauditing
activities related to the conduct and administration of the financial affairs of the
University. It shall make recommendations it deems necessary for sound accounting
and auditing practices.

(f) Endowment Fund Committee. The responsibilities of the Endowment Fund Committee
are defined by the North Carolina General Statutes. See Article VII in these ByLaws.

(g) Instruction Committee. The Instruction Committee is responsible for representing
and making recommendations to the Board with respect to Board decisions affecting
the type, quality, and character of instruction at the University. In this regard,
it is responsible for reporting to the Board concerning recommendations of the President
for new programs and degrees at the University.

Dr. Hyde then stated to the Board that the next item on the agenda was the appointment
of the Standing Committees. He further stated that, with the exception of Mr. E. J.
Whitmire's reappointment as Chairman of the Building Committee, he would make the
appointments at a later date. (See Exhibit #3 on file in the President's Office.)

Upon motion of Mr. Harman, seconded by Mr. Mitchell, it was unanimously carried by
the Board that the Chairman and Vice-Chairman of the Board of Trustees and the President
and Vice President for Business Affairs of the University would serve, respectively,
as Chairman, Vice Chairman, President and Secretary -Treasurer of the Development
Foundation of Western Carolina University, Inc.

Next, Dr. Pow presented a resolution adopting additional out-of -State tuition and
fees and providing for waivers thereof as required by action of the 1971 General Assembly,
asking Professor Scott to comment in detail. After a lengthy discussion, motion was
made by Mr. Boyce A. Whitmire, seconded by Mr. Arnold J. Hyde, and unanimously approved
that the Board adopt the following resolution:

BE IT RESOLVED by the Board of Trustees of Western Carolina University that the non-resident
tuition rates specified in House Bill 1087, Chapter 845 of the 1971 Session Laws be
adopted; and,

BE IT FURTHER RESOLVED that, in lieu of the additional $24 tuition charge for non-resident
students levied by the Board of Trustees in its regular meeting on March 18 , 1971
, full-time non-resident students shall pay, in addition to all other fees and charges,
a General University Fee of $24 per academic year to cover additional costs of processing
and matriculation; that the tuition costs for part-time undergraduate nonresident
students shall be $19 per quarter hour. A part-time student is hereby deemed to be
any undergraduate student taking fewer than 12 hours per quarter.

BE IT FURTHER RESOLVED that the tuition for part-time graduate non-resident students
shall be $20 per quarter hour. A part-time graduate student is defined as one taking
fewer than 9 hours per quarter.

BE IT FURTHER RESOLVED that notice of new rates be given as soon as possible to non-residents
who have been accepted for enrollment or re-enrollment for the 1971-72 academic year;
that catalogues be revised to announce the 1972-73 non-resident rates; that Western
Carolina University honors contracts for employment which were entered into prior
to July 13, 1971, with non-resident graduate students, where one of the terms of employment
was the granting of a special tuition rate; that Western Carolina University honor
existing contracts with federal agencies where the tuition rate to be paid for nonresident
participants is specified, provided that such contracts cannot be adjusted internally
or renegotiated and that, insofar as possible, new contracts for future years be based
on the new non-resident tuition rates; that a special tuition rate not lower than
the North Carolina resident rate may be granted in the discretion of the President
to a non-resident of North Carolina who is solicited for "special talent;" that waivers
of all or part of the out-of -State tuition rate may be granted in the discretion
of the President for all graduate and undergraduate students considered to have special
talents qualifying them for scholarships, fellowships, or assistantships, or who are
solicited from other countries because of their special talent to make intercultural
contributions to the University.

Dr. Pow then presented a resolution adopting the $50 admissions deposit for returning
students and $100 admissions deposit for new students as required by the 1971 General
Assembly, with the request that Professor Scott elaborate on this resolution. Motion
was made by Mr. Arnold J. Hyde, seconded by Senator Norton, and unanimously approved
that the Board adopt the following resolution:

It has come to the attention of the Board of Trustees of Western Carolina University
that the General Assembly of North Carolina enacted into law Chapter 1086, same being
ratified July 21, 1971; and ,

WHEREAS, Section 2 of said Chapter 1086 of the General Session Laws provides inter
alia that an advance deposit of a certain sum must be made by prospective students
applying for admission; and, WHEREAS, said act further provides conditions for waiving
said deposit the time within which the same must be paid, the manner and amount of
refund and the disposition of forfeited deposits;

NOW, THEREFORE, be it resolved by the Board of Trustees of Western Carolina University
that Section 2 of Chapter 1086 of the General Session Laws of 1971 be and the same
is hereby adopted in its entirety.

This 20th day of August, 1971.

Section 2. G. S. 116-143 is amended by adding the following paragraph after the first
paragraph:

Each board of trustees shall require that each applicant for admission who is accepted
by the institution remit to the institution an advance deposit of not less than one
hundred dollars ($100.00) to be applied against the student's tuition and fees for
the academic term for which he has been accepted, said sum to be paid within three
weeks of the mailing by the institution of the notice of acceptance; if the deposit
is not paid within said period the applicant shall be assumed to have withdrawn his
application. In the event of hardship, the deposit may be waived by the institution
in its discretion. If the applicant, after remitting his deposit, decides not to attend
the institution and gives notice of this decision by May 1, in the case of application
for the fall term, or at least one month prior to the beginning of the term, in the
case of application for the spring or winter term, the deposit shall be refunded.
Deposits made by students who fail to give notice of withdrawal to the institution
as provided above shall be forfeited to the institution and shall be used to supplement
appropriations for scholarships; provided, however, that any deposit shall be refundable
if in the judgment of the institution the withdrawal of an applicant is the result
of illness, a call to military duty or other circumstances which are beyond the student's
control and which the institution deems adequate.

Each board of trustees shall require that an advance deposit of fifty dollars ($50.00)
be made by each student enrolled for the regular academic year who intends to return
for the succeeding academic year. The fee shall be paid during the last regular term
of the academic year preceding the academic year for which the deposit is being paid.
In the event of hardship, the deposit may be waived by the institution in its discretion.
The deposit shall be applied against the student's tuition and fees in the event he
returns. If he decides not to return to the institution and gives notice of his decision
within 30 days after the last day of the term in which he made the deposit, or if
the institution determines that he is not eligible to return, the deposit shall be
refunded. Deposits made by students who fail to give notice of withdrawal as provided
above shall be forfeited to the institution and shall be used to supplement appropriations
for scholarships; provided, however, that any deposit shall be refundable if in the
judgment of the institution the withdrawal of an applicant is the result of illness,
a call to military duty or other circumstances which are beyond the student's control
and which the institution deems adequate.

Each board of trustees shall require that a nonrefundable application fee of ten dollars
($10.00) accompany each application for admission.

Dr. Pow presented a resolution with respect to resident status for tuition payments
as recommended by State agencies on the basis of the enactment by the 1971 General
Assembly. Professor Scott commented briefly regarding this resolution. Upon motion
by Mr. Harman, seconded by Mr. E. J. Whitmire, it was unanimously approved that the
Board adopt the following resolution:

The 1971 session of the General Assembly of North Carolina adopted legislation which
changed the eligibility for in-State tuition; and,

WHEREAS, the State Board of Higher Education has requested the boards of trustees
of each of the senior tax supported institutions of higher education to adopt the
necessary changes to Appendix A of the residence manual so that the same will conform
to the new 1971 legislation;

NOW, THEREFORE, be it resolved that the tuition charge for legal residents of North
Carolina is less than for non-residents. To qualify for in-State tuition, a legal
resident must have maintained his domicile in North Carolina for at least the twelve
months next preceding the date of first enrollment or re-enrollment in an institution
of higher education in this state. Student status in an institution of higher education
in this state shall not constitute eligibility for residence to qualify said student
for in-State tuition; and,

BE IT FURTHER RESOLVED, a minor is any person who has not reached the age of eighteen
years. The legal residence of a person under eighteen years of age at the time of
his first enrollment in an institution of higher education in this state is that of
his parents, surviving parent, or legal guardian. In cases where parents are divorced
or legally separated, the legal residence of the father will control unless custody
of the minor has been awarded by the court to the mother or to a legal guardian other
than a parent. No claim of residence in North Carolina based upon residence of a guardian
in North Carolina will be considered if either parent is living unless the action
of the court appointing the guardian antedates the student's first enrollment in a
North Carolina institution of higher education by at least twelve months; and,

BE IT FURTHER RESOLVED, an adult is any person who has reached the age of eighteen
years. Persons, eighteen or more years of age at the time of first enrollment in an
institution of higher education, are responsible for establishing their own domicile.
Persons reaching the age of eighteen, whose parents are and have been domiciled in
North Carolina for at least the preceding twelve months, retain North Carolina residence
for tuition payment purposes until domicile in North Carolina is abandoned. If North
Carolina residence is abandoned by an adult, maintenance of North Carolina domicile
for twelve months as a nonstudent is required to regain in-State status for tuition
payment purposes; and,

BE IT FURTHER RESOLVED, the legal residence of a wife follows that of her husband,
except that a woman currently enrolled as an in-State student in an institution of
higher education may continue as a resident even though she marries a non-resident.
If the husband is a nonresident and separation or divorce occurs, the woman may qualify
for in-State tuition after establishing her domicile in North Carolina for at least
twelve months as a non-student; and,

BE IT FURTHER RESOLVED, no person shall lose his in-State resident status by serving
in the Armed Forces outside of the State of North Carolina. A member of the Armed
Forces may obtain in-State residence status for himself , his spouse, or his children
after maintaining his domicile in North Carolina for at least the twelve months next
preceding his or their enrollment or re-enrollment in an institution of higher education
in this state; and,

BE IT FURTHER RESOLVED, aliens lawfully admitted to the United States for permanent
residence may establish North Carolina residence in the same manner as any other non-resident;
and ,

BE IT FURTHER RESOLVED, ownership of property in or payment of taxes to the State
of North Carolina apart from legal residence will not qualify one for the in-State
tuition rate; and,

BE IT FURTHER RESOLVED, the residence status of any student is determined as of the
time of his first enrollment in an institution of higher education in North Carolina
except:

(a) in the case of a non-resident student at the time of first enrollment who has
subsequently maintained domicile as a non-student for at least twelve consecutive
months and

(b) in the case of a resident who abandons his legal residence in North Carolina.In either case, the appropriate tuition rate will become effective at the beginning
of the first subsequent term enrolled, and,

BE IT FURTHER RESOLVED, any student or prospective student in doubt concerning his
residence status must bear the responsibility for securing a ruling by stating his
case in writing to the Director of Admissions. The student who, due to subsequent
events becomes eligible for a change in classification, whether from out-of-State
to in-State or the reverse, has the responsibility of immediately informing the Vice
President for Business Affairs or the Business Manager of this circumstance in writing.
Failure to give complete and correct information regarding residence constitutes grounds
for disciplinary action.

Dr. Pow then stated the next item on the agenda was a resolution regarding authority
of the University to levy fines for parking and traffic offenses. It was moved by
Senator Norton, seconded by Mr. Lockamy, and unanimously approved by the Board that
the following resolution be adopted:

The General Assembly enacted into law during its regular 1971 session Senate Bill
591, which provided that the Board of Trustees at Western Carolina 'University was
authorized to impose certain charges or penalties for violations of traffic rules
on the campus of said University.

Said Bill further provided that the Board of Trustees may delegate any part or all
of the authority created under said Bill to any person, persons, committees, or organizations
it deemed appropriate.

NOW, THEREFORE, the Board of Trustees of Western Carolina University hereby delegates
to the President of Western Carolina University all authority it has received by virtue
of said Bill and specifically authorizes the President of Western Carolina University
to further delegate any part or all of this authority to any person, persons, committees,
or organizations he deems desirable.

AN ACT TO AUTHORIZE THE BOARD OF TRUSTEES AT WESTERN CAROLINA UNIVERSITY TO IMPOSE
CHARGES OR PENALTIES FOR VIOLATIONS OF TRAFFIC RULES ON THE CAMPUS OF SAID UNIVERSITY.

Section 1. Chapter 853 of the Session Laws of 1969 is hereby amended by adding thereto
a new section, which shall be designated as "Section 3" and shall read as follows:

Sec. 3. 1. The Board of Trustees of Western Carolina University is hereby authorized
to impose certain charges or penalties for violations of the traffic rules and regulations
on the campus of Western Carolina University, as follows:

(a) For illegal parking or parking overtime a penalty or charge of not less than one
dollar ($1.00) nor more than five dollars ($5.00) for each offense;

(b) For failing to register a vehicle using the campus parking system or for causing
a vehicle to be improperly registered a charge or penalty of not less than one dollar
($1.00) nor more than ten dollars ($10.00) for each offense;

(c) For speeding in excess of regulations imposed by the Board of Trustees which is
lower than designated by the provisions of G. S. 20-141 and sub-sections thereunder,
a fine may be imposed of not less than one dollar ($1.00) nor more than ten dollars
($10.00) for each offense; and in addition thereto for a violation of (a) above said
vehicle may be towed away at the owner's expense, not to exceed, however, ten dollars
($10.00) for each offense; and as a further penalty for violating (a), (b), or (c)
hereof the car may be expelled from the campus and the owner or use thereof may not
again park any car on said campus;

(d) The Board of Trustees may enact and pass additional regulations giving notification
to car owners or users, holding hearings, if requested, including the right to determine
the guilt or innocence of all violators of these regulations, or it may delegate this
authority, including any part or all authority contained in this act, to persons,
committees, or organizations which, in its discretion, it deems appropriate. All determinations
and findings by the Board of Trustees or its appropriately delegated representatives
shall be final.

Sec. 2. This act shall take effect upon its ratification.

Dr. Pow presented a resolution concerning Mr. James E. Kirkpatrick. Upon motion by
Mr. Mitchell, seconded by Senator Norton, the Board unanimously approved the adoption
of the following resolution:

WHEREAS, James E. Kirkpatrick has served Western Carolina University and the State
of North Carolina faithfully and well as business manager of the University since
1962; and,

WHEREAS, James E. Kirkpatrick has made significant contributions to the development
of the institution, Jackson County, and civic and philanthropic undertakings in the
region; and,

WHEREAS, the Board of Trustees of Western Carolina University desires to express its
sincere appreciation to Mr. Kirkpatrick for his services;

NOW, THEREFORE, BE IT RESOLVED THAT:

1. Mr. Kirkpatrick be and hereby is commended by this Board for his outstanding role
in the advancement of the University.

2. A copy of this resolution be entered in the minutes of this Board.

3. A copy of this resolution be sent to Mr. Kirkpatrick.

Adopted unanimously by the Board of Trustees of Western Carolina University the twentieth
day of August, 1971, at Cullowhee, North Carolina.

/s/Wallace N. Hyde Chairman

/s/Alex S. Pow, Secretary

Dr. Turner was then requested to present the list of possible August, 1971, graduates.
Motion was made by Mr. Boyce A. Whitmire, seconded by Mr. Harman, that the Board approve
the list of candidates for degrees and certificates to be awarded August 20, 1971,
provided these candidates complete requirements for graduation. (Exhibit #4 on file
in the President's Office. )

Dr. Pow then presented to the Board an informational memorandum regarding the Card-Key
System for residence halls, with remarks being made by Dean Davis and Mr. Lockamy.
It was moved by Mr. Boyce A. Whitmire, seconded by Senator Norton, that the Board
approve the installation of this system. The vote of the Board was unanimous. (See
Exhibit #5 for the above memorandum on file in the President's Office.)